Ms S Lockett v AC Care Services Ltd — 2022

The tribunal, sitting under Rule 21 without attendance from the respondent, found that AC Care Services Ltd remained the claimant's employer throughout and that there had been no TUPE transfer. It found that the claimant's employment ended on 31 December 2021, not 12 December 2021, and that the dismissal reason was redundancy. The tribunal also accepted that the claimant had not worked after 10 December 2021, so no further wages were due for work after that date.

On the arrears claim, the tribunal accepted the claimant as a truthful witness but held that the documentary evidence did not establish an underpayment from June 2021 to 10 December 2021. It noted that there was only one incomplete payslip extract referring to £18 per hour, no full breakdown of the senior carer and carer hours worked, and no contemporaneous challenge by the claimant to the amounts paid. The claim for unauthorised deduction from wages was therefore dismissed.

The tribunal upheld the redundancy, holiday and breach of contract claims. It calculated statutory redundancy pay at £271.51 using an actual week's pay of £135.77 under section 224 ERA 1996 and the redundancy formula applicable on the facts it found. It awarded £119.12 for payment in lieu of accrued holiday under regulation 14 of the Working Time Regulations 1998, after subtracting holiday payments already made during employment. It also awarded £873.90 for breach of contract, comprising pay for 11 to 31 December 2021 and one month's notice in lieu, and the total award was £1,264.53.